Published: February 7, 2025
TEMPLE OF JUSTICE, Monrovia – Defense lawyer Cllr. Jonathan Massaquoi has questioned the credibility of the prosecution’s evidence in the preliminary examination hearing before the Monrovia City Court regarding the alleged arson attack on the Capitol Building. Massaquoi argued that the prosecution’s key evidence against the defendants, Thomas Etheridge and Eric Susay, consists of artificial intelligence-generated recordings rather than verifiable forensic proof.
Etheridge and Susay are currently detained at the Monrovia Central Prison on multiple charges, including arson, criminal attempt to commit murder, criminal mischief, criminal facilitation, conspiracy, and solicitation.
During court proceedings on February 6, 2025, Massaquoi emphasized that no foreign fire expert was consulted to determine the cause of the fire before linking his clients to the crime. He recalled a similar case from July 26, 2006, when a fire gutted the Executive Mansion under former President Ellen Johnson Sirleaf’s administration, prompting the government to engage a South African fire expert to investigate. However, he noted that no such expert analysis was conducted in the Capitol Building case.
Massaquoi further argued that the prosecution failed to establish the degree of the fire—whether it was first, second, or third-degree arson. He also questioned the authenticity of the audio recordings, citing a conversation in which an unidentified individual allegedly stated, “We dirty the police officer.” According to Massaquoi, the prosecution failed to present the officer, his relatives, or the weapon allegedly used in the attack.
Referencing Article 21(h) of the Liberian Constitution, Massaquoi asserted that no person should be held accountable for a capital or infamous crime without an indictment by a Grand Jury. He stressed that defendants are entitled to a fair trial and due process, including the right to confront witnesses and obtain evidence in their defense.
Additionally, Massaquoi cited the Civil Procedure Law Section 25.1-2, which outlines the jurisdiction of regional courts in property disputes, arguing that legal proceedings must adhere to established judicial processes.
“Prosecution is not intended to convict but to ensure justice is served fairly, transparently, and orderly,” Massaquoi told the court. He also pointed out that the Liberia Petroleum Refining Company (LPRC), which was involved in the fire investigation, was never brought to testify.
“There was no forensic analysis to determine whose fingerprints were on the chloride bottle allegedly used in the crime. Without such evidence, this case lacks probable cause to proceed to trial,” he concluded.
Co-defense counsel, Cllr. Wright, echoed these concerns, questioning the prosecution’s failure to specify each defendant’s role in the alleged crime. He argued that no fire report, firearm, or chloride bottle was presented as evidence.
In response, lead prosecutor Montserrado County Attorney Cllr. Richard Scott Jr. cited Chapter 12.2 of the Criminal Procedure Law, which states that a preliminary examination is granted only if requested by the defendant. Scott argued that arson was committed against the Capitol Building on December 18, 2024, and that evidence in the prosecution’s possession justifies the case proceeding to a higher court.
Scott further claimed that recordings presented in court captured defendant Eric Susay stating, “We dirty the police officer and left him lying on the ground in Jallah Town.” He argued that these statements, along with other evidence, justify binding the defendants over for trial.
Meanwhile, Magistrate Ben L. Barco of the Monrovia City Court has reserved his ruling for Wednesday, February 12, 2025, at 9:00 AM.
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